Publications

In Saroj & Ors. v. IFFCO-TOKIO General Insurance Co. & Ors. (2024 INSC 816), the Supreme Court clarified that the Aadhar card should only be treated as proof of identity and not as definitive proof of date of birth. This decision emerged in ... Read More

In Shashi Bhushan Prasad Singh v. State of Bihar (2024 INSC 763), the Bihar Technical Service Commission (BTSC) disqualified candidates with private university diplomas unapproved by the All India Council for Technical Education (AICTE) in its recru ... Read More

In the case of Vidyasagar Prasad vs. UCO Bank & Anr. 2024 INSC 810, the Supreme Court upheld the initiation of the Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor that defaulted on loan repayments to UCO Bank. The NCLT ... Read More

The appellant initially filed a return in November 1989 and revised it twice. The Income Tax Officer rejected the second revised return, declaring that it was barred by limitation u/s 139(5) of the Income Tax Act, 1961 which only allows a revised re ... Read More

In this Criminal Appeal, the Supreme Court quashed criminal proceedings, quashing charges u/s 120-B, 420, 468 and 471 of Indian Penal Code 1860 & S.13(2) r/with 13(1)(d) of the Prevention of Corruption Act 1988 and held that continuing the crimi ... Read More

The Hon'ble Supreme Court while deciding an SLP against an order of MP High Court dismissing the appellant's revision application held that S.132 of The Evidence Act, 1872 does not provide absolute immunity to the witness making self-incriminating s ... Read More

2024 INSC 686 - Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.: In this judgment, the Supreme Court of India addressed whether an application for extending the time period for passing an arbitral award under Section 29A of the Arbitra ... Read More

The case involves a service dispute between S.D. Manohara (appellant) and Konkan Railway Corporation Limited & Ors. (respondents). The core issue is whether the appellant withdrew his resignation before its acceptance by the employer. The appell ... Read More

In the case of Arvind Kejriwal vs. Central Bureau of Investigation (2024 INSC 687), the Supreme Court of India addressed the legality of Kejriwal's arrest by the CBI and his subsequent request for bail. Kejriwal, a prominent political figure, wa ... Read More

The Supreme Court addressed a dispute over the delayed possession of an apartment. The appellant sought a refund with interest due to the respondent's failure to provide necessary completion and firefighting clearance certificates. When the Respo ... Read More

In Criminal Appeal No. 2501 of 2024, the Supreme Court of India addressed whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC), is maintainable when the accused is already in judicial custody ... Read More

The Hon’ble Supreme Court while testing an impugned judgment in which the Hon’ble High Court had framed four substantial questions of law which were neither raised before the trial court nor opportunity was given to the parties to lead evidence ... Read More

The Hon’ble Supreme Court while dealing with an SLP set aside the judgment and remanded a matter back to the Division Bench of Hon’ble Allahabad High Court for parties to appear and argue afresh as the impugned judgment did not contain any reaso ... Read More

The Hon'ble Supreme Court while dealing with a Writ Petition in this landmark decision issued a slew of directions to make First Information Reports (FIRs) available to the accused and the public at large. The Hon’ble Court directed that all po ... Read More

The Hon'ble Supreme Court while dealing with a Public Interest Litigation has held that Chargesheets cannot be published on police or government websites for public viewing on par with FIRs as it may violate the rights of the accused, victim and inv ... Read More

The Hon'ble Supreme Court while dealing with an SLP arising out of disposal of Writ of Habeas Corpus has categorically held that the father of a child cannot be granted custody merely because he is a natural guardian but the child’s welfare is the ... Read More

That the proof of 'demand of bribe' by a public servant and its acceptance by him is sine qua non for establishing the offence of bribe taking, coming under Section 7 of the Prevention of Corruption Act, 1988 (PC Act). ... Read More

The Hon'ble Supreme Court has held that in a Departmental enquiry, the Decision/order by disciplinary authority, is required to give reasons only when it disagrees with finding of the enquiry officer and not when it concurs with that finding. Also, ... Read More

The Hon'ble Supreme Court has held that It is the Duty of the Disciplinary Authority to record reasons. The orders of disciplinary authority and appellate authority entails civil consequences. Hence, the orders must be based on recorded reasons. ... Read More

The Hon'ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis of perfunctory nature ... Read More

This case reinforces the principle that when the law prescribes a mandatory minimum sentence, courts do not have the authority to impose a lesser sentence unless explicitly provided by the statute. Interpretation of statutory provisions regarding mi ... Read More

The Sentence Can Be Suspended under Section 389 CrPC, in Appeal Only If Convict Has Fair Chances of Acquittal. Also observations are made that the Appellate Court should not re-appreciate the evidence at the stage of Section 389 of the Cr.P.C. and t ... Read More

The Evidence of Injured witness has greater evidentiary value, their statements can't be discarded lightly. Also the Hon'ble Supreme Court has observed that, Suggestions made to the witness by the defence counsel and the reply to such suggestions wo ... Read More

It was held that, there is no need for identification parade where the witnesses already knew who the assailants were. Test identification parade is not a sine qua non in every case, that is, if the facts and circumstances of a case conclusively est ... Read More

Solitary witness - conviction is valid - Need not insist on corroboration by other witnesses - single witness if found to be trustworthy, it can be appreciated - Interested Witness - Explained. ... Read More

The Court reaffirmed that the mere fact that a witness is related to the deceased should not be the sole reason for rejecting their testimony. Instead, the evidence should be assessed for its trustworthiness and credibility. If found reliable and pr ... Read More

Evidence Law - Appreciation of Testimony - Minor contradictions in the testimony, while appreciating the evidence in criminal trial -contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of th ... Read More

Section 18A - SC/ST Act, 1989 - Constitutional Validity - The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the p ... Read More

The court discusses the distinction between section 34 and 149 of IPC. Common object does not necessarily require proof of a prior meeting of minds or pre-consort, whereas common intention suggests activity in concert and presupposes the existence o ... Read More

The court observed that, by submitting an application under section 9 of the Hindu Marriage Act for the restoration of conjugal rights within the same roof, a spouse cannot claim that they would force another person to cohabit with them and treat th ... Read More

The court observed that, it is a common misperception that a person facing a life sentence has an unassailable right to be released after serving 14 or 20 years in jail. No such right exists for the prisoner. Subject to any remission granted by the ... Read More

The Court held in the Instant case that the following, among other circumstances, can generally be used to determine if someone had the intent to cause death: The type of weapon used, whether the accused carried the weapon or if it was picked ... Read More

The Court observed that, even though the circumstances may suggest that the theft and the murder may have been committed simultaneously, it is risky to assume that the person in possession of the stolen item was also responsible for the murder when ... Read More

The court observed that, during the process of performing dacoity, if a dacoit murders a person, all the co-dacoits will also be held liable under section 396 IPC, even if they did not participate in the killing, and were only a part of the dacoity. ... Read More

The court observed that, section 366 of the CrPC casts a duty upon the High Court to, (a) “examine the nature and manner in which the offence was committed, mens reas, if any of the culprit, the plight of the victim as noted by the trail court, th ... Read More

The court held that, Criminal law does not recognise the terms 'same cause of action’. A per se FIR cannot be cancelled once evidence implicating the petitioner in a conspiracy has been discovered. As soon as an accused makes an attempt to commit ... Read More

It is established that the authority granted by Section 438 of the CrPC is not to be used frequently. The authority must be used if it appears that an accusation was made with the intent to harm or humiliate the applicant by having him arrested. Con ... Read More

The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double je ... Read More

The court observed that, the circumstance of ‘last seen’, along with the failure to provide a reasonable explanation of the accused are not enough to establish the guilt of the accused being reasonable doubt. As the case was relying on the last ... Read More

The Court observed that offences under the section 304-B IPC are besides being grave, heinous, offences against society driven with the demand of dowry, and needs to be prevented. It further held that, cases involving such offence cannot be quashed ... Read More

The Supreme Court observed that the intention of an accused can be ascertained by the part of the body where the accused chose to assault the victim and the nature of injury inflicted upon the victim by the accused, and that no one can enter the min ... Read More

The Court observed that any criticism of the judiciary or judges that would hinder the administration of justice or put it in jeopardy must be avoided. This attempt results in the contempt of court procedures. All criticisms of the judiciary must be ... Read More

The court held that for an accused acquitted to join as a police constable, mere acquittal will not be sufficient. The court observed that being acquitted on the absence of any evidence is different from acquittal based on grounds of benefit of doub ... Read More

The court laid down certain guidelines which must be followed before a case against an accused can be fully established: (a) circumstances from which conclusion of guilt is drawn must be established fully, (b) there should be consistency betwe ... Read More

The court while ascertaining the scope of Sec 2(33) of the Juvenile Justice Act, 2015 held that the Act does not deal with offences which are ‘heinous’ in nature. It observes that even if a child commits a heinous offence, he cannot be automat ... Read More

The Jurisdiction over infringement suits in which the defendant seeks revocation of registration of design vests in High Court under S. 22(4) of the Designs Act, 2000, even when the High Court does not exercise original side jurisdiction. Operation ... Read More

The Supreme Court held that the execution proceedings and original proceedings are separate and independent. An appeal under S. 23 of the Consumer Protection Act will not lie to Supreme Court against an order which has been passed in the course of e ... Read More

The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that "A writ court may well hold against a public body on a public law principle or by invoking Article 14; Bu ... Read More

The Terrorist Acts defined under Unlawful Assembly Prevention Act only deal with matters impacting "Defence of India" and not under Ordinary laws & Order Problems. The intent and purport of the Parliament in enacting the UAPA, and more specifica ... Read More

The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. ... Read More

The direction to take the accused into custody is beyond the jurisdiction of the High Court. Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected during the investi ... Read More

The Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without any statutory adjudication process. It is well settled that when a statute requires a thing ... Read More

The classification of Marathas as a socially and educationally backward class was unreasonable as they belonged to a politically dominant caste with significant economic resources. The court also concluded that the majority opinion in the Indra Sawh ... Read More

The Supreme Court held that two companies incorporated in India could choose a seat for arbitration outside India and the resultant award would be enforceable under Part II of the Arbitration and Conciliation Act, 1996. The Supreme Court, howeve ... Read More

The Entire Waiver of Pre-deposit impermissible to file appeal before DRAT. Discretion of DRAT to reduce pre-deposit amount from 50% of debt due, held, is limited to reducing the pre-deposit to 25% thereof. The pre-deposit cannot under any circumstan ... Read More

The presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases though, it still needs to be decided from case to case as to whether recourse to a public law remedy can justifiably be invoked. ... Read More

In the case of protest against Farm Laws, due to failure of negotiation between Government and farmers and no solution in sight, The Supreme Court passed an extraordinary order of stay of implementation of the Farm Laws directed and Expert Committee ... Read More

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